Legal Question in Wills and Trusts in Alabama
who has right of a home?
I was not adapted, my birth mother gave me to her sister when I was born, The only mother that I knew just pass awaw the one who raised me, from a baby. She has a home and her name and my name is on it, but as I was reading the deeds, it has heirs on it. do it goes to all her brithers and sister, or do I get to keep the house?
3 Answers from Attorneys
Re: who has right of a home?
Our sincerest condolences over your loss. From what you share, you did indeed have 2 Mothers here on this earth, both loving you and having your best interest at heart.
that reference in the deed to "heirs" may simply be "legalese" that does not impact or decide to whom the property passes.
Instead, look over the first half of the deed, and do you see any language that speaks of "right of survivorship" or to the "survivor in fee simple" or language to that effect?
Most likely that was your "Mother's" wish and hopefully the deed so reads. As long as it says the property passes to you as the survivor, you are fine.
If we can review the deed for you, or if you do not see that language, give us a call and again, our thoughts and prayers are with you at this time.
Have a blessed rest of the week, Chip
Re: who has right of a home?
It would be necessary to review the deed(s) and will (if any) to answer this question.
Re: who has right of a home?
I agree with both lawyers who have answered you already. The will and the deed should be read together to determine your mother's wishes and to determine your rights. If you need help with this, give any of us a call or if you are not close to Birmingham, maybe we know a lawyer closer to where you live.
William G. Nolan
www.NolanElderLaw.com
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